Case No. 20040557-CA.Utah Court of Appeals.
Filed December 9, 2004. (Not For Official Publication).
Appeal from the Third District, Salt Lake Department, The Honorable Sheila K. McCleve, Judge.
Gregory G. Skordas, Salt Lake City, for Appellant.
Mark L. Shurtleff and Jeffrey S. Gray, Salt Lake City, for Appellee.
Before Judges Billings, Bench, and Greenwood.
MEMORANDUM DECISION
PER CURIAM:
Matthew Robinson appeals the trial court’s order determining it had no jurisdiction to consider his motion for a reduction in the degree of his conviction after his case was closed. This is before the court on the parties’ stipulated motion for summary reversal based on the manifest error of the trial court’s jurisdictional ruling.
Utah Code section 76-3-402 provides a mechanism to reduce the degree of a conviction if certain conditions are met. See Utah Code Ann. § 76-3-402 (2003). A trial court may reduce a third degree felony conviction to a class A misdemeanor if, among other conditions, a defendant is placed on probation and “is subsequently discharged without violating his probation.” Id.
§ 76-3-402(2)(b)(ii). Section 76-3-402 clearly contemplates an after-the-fact mechanism to reduce a third degree felony to a class A misdemeanor. Accordingly, the trial court had jurisdiction to consider the motion on its merits.
The trial court’s order determining it lacked jurisdiction to consider Robinson’s motion for a reduction in the degree of his conviction is vacated. This matter is remanded to the trial court for consideration of Robinson’s motion on its merits.
We Concur: Judith M. Billings, Presiding Judge, Russell W. Bench, Associate Presiding Judge, Pamela T. Greenwood, Judge.